ITEM 9: Question of the violation of human rights and fundamental freedoms in any part of the world

Delivered by Chulhyo Kim on 9 April 2002

Zimbabwe

The presidential election held in Zimbabwe last March was characterised by pre-election violence. The government-sponsored paramilitary youth groups and so-called "war veterans" killed, abducted and tortured the supporters of opposition party and demolished their houses.

Most of the 30 people killed in the politically motivated violence were activists of the opposition, including Tichaona Chiminya and Talent Mabika. Opposition supporters, parliamentarians and journalists were systematically beaten up, abducted, tortured. Their homes and property burnt down or destroyed. Illegal roadblocks were mounted in order to demand ruling party membership cards. National identity cards of suspected opposition supporters were confiscated. People were forced to attend campaign rallies held by the ruling party. However, many of the government-sponsored thugs have not been arrested even when victims have positively identified them and have filed charges.

This violence was conducted with impunity. The judges continued to be threatened by the ruling party and the independence of the judiciary is "a source of grave concern." In spite of the expressions of concerns by the Special Rapporteur on the independence of judges and lawyers, Mr. Dato’ Param Cumaraswamy as expressed in his report (E/CN.4/2002/72, paras. 215-222), the collapse of judiciary system still continues in this country.

We call upon, in this regard, the Zimbabwe government to provide access to Special Rappoteurs of the Commission and also to deal with these issues in its second periodic report on ICCPR, which is due on the first of June this year.

Kenya

Such pre-election violence is also found in Kenya. On March 4 at Dandora estate in Nairobi, 23 people were massacred and more than 20 people were seriously injured by a group called ‘Mungiki’. Many others were displaced after the incident. On December 4 2001, a similar violence happened in the Kibera Slums after a politician’s provocation. The attacks are also targeted towards a particular ethnic community. However, so far nobody has been charged. Prior to election in December, these incidents remind us of the pre-election violence at Molo 1992 and at Likoni 1997. Such violence cannot be repeated this year.

Pax Romana calls upon the present government of Kenya to undertake appropriate preventive measures on the pre-election violence and to ensure the independence of judiciary regarding the impunity of the non-state actors involved. We also urge these issues should be taken up by special procedures of the Commission.

Myanmar

Last November the Myanmar army raided Htee Wah Doh, a settlement of internally displaced Karen civilians. After burning and looting houses, a hospital, and a school, the army arrested 15 Karen asylum-seekers who fled from relocation and forced labour. In spite of ILO’s efforts, the Myanmar army continues to relocate the Shan, Karen and Karenni people and to force them to carry military equipment or to break rocks. Myanmar should stop the harsh repression of ethnic minorities.

Pax Romana also takes note of the report of Special Rapporteur on Myanmar, Mr. Paulo Srgio Pinheiro. "It is necessary for the government to promote a substantial enlargement of space for civil society, political parties and ethnic minorities to functions, by creating conditions for the full exercise of their political freedoms." (E/CN.4/2002/45, para. 115(c)).

Thailand

Including those Karen asylum seekers, a large number of Myanmar asylum-seekers have faced suppressive refoulement by the Thai government. This is a clear violation of international customary law. Although Thai government has shown tolerance in asylum seekers policy, more than hundred-thousand Shan, Karen and Karenni people are returned and living near the border under the fear of Myanmar army’s attack. Thailand should ratify Convention on the Status of Refugee and respect people’s rights to seek asylum.

Australia and the United Kingdom

We also condemn such violations of asylum seekers’ rights in Australia and the United Kingdom. Increasingly strict border controls stop people fleeing from reaching a safer asylum. In Australia, all asylum seekers are subject to detention and such tendency increases in the UK.

Equatorial Guinea

Pax Romana takes note of this year’s report on Equatorial Guinea of the Special Representative Mr. Gustavo Galln (E/CN.4/2002/40). We are deeply concerned about persisting grave violation of human rights in this country, particularly arbitrary detention, systematic practice of torture and trials of civilians by military courts. We call upon the Commission to renew the mandate of Special Representative this year and to continue to monitor both the situation of human rights as well as the measures adopted by the regime through technical assistance to bring in a coherent rule of law.

Thank you.